HUPP v. CELEBREZZE

Civ. No. 885.

220 F.Supp. 463 (1962)

Hermina H. HUPP, on Behalf of Carol F. Hupp, Plaintiff, v. Anthony J. CELEBREZZE, Secretary of Health, Education and Welfare, Defendant.

United States District Court N. D. Iowa, Central Division.

November 28, 1962.


Attorney(s) appearing for the Case

Donald P. Baird, Council Bluffs, Iowa, and Francis Fitzgibbons, Estherville, Iowa, for plaintiff.

Donald E. O'Brien, U. S. Atty., and James M. McNally, Asst. U. S. Atty., Sioux City, Iowa, for defendant.


HANSON, District Judge.

This action is predicated upon 42 U.S.C. § 402(d) (1) and (3). Section (d) says that every child of an individual entitled to old-age or disability insurance benefits, or if an individual who dies a fully or currently insured individual shall be entitled to child's benefits for each month, beginning with the first month after August 1950 in which such child becomes so entitled. Section (d) is qualified by (d) (1) (C) requiring the child...

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